Intellectual Property

Conditional access technology

Conditional access technology generally refers to technical measures, such as smart cards or other decoders, which allow users to view or listen to encrypted broadcasts.

Some broadcasts and other transmissions are in an encrypted form so that a person who has the right decoding equipment, a system usually used when broadcasters wish to charge recipients of the transmission, can only receive them.

On payment of the appropriate fee a person is given or is entitled to use a decoder and view the transmission.

In the same way that people make illegal copies of copyright works, they may make unauthorised smart cards or other decoding equipment with the intention of selling them in competition with the legitimate decoders, and so depriving the broadcaster or cable operator of the payments that would normally be paid for reception of the transmissions.

The law therefore sets out in what circumstances it is illegal to make and sell or otherwise deal in unauthorised decoders: there may be criminal as well as civil penalties. If you use an illegal decoder to received broadcasts you’re not entitled to, you may be committing an offence.

The Telecommunications UK Fraud Forum (TUFF) represents some makers of encrypted transmissions who are concerned about illegal decoders in the United Kingdom (UK).

Illegal decoders will also affect copyright owners in general where they allow illegal reception of much copyright material.

Conditional access technology that controls access to encrypted transmissions of copyright material also has similarities with copyright protection devices.